Mr Sweeney and others v Stylex Auto Product Ltd (in liquidation): 1804774/2020 and others
JUDGMENT
[1]The Tribunal declares that Mr Sweeney’s claim for breach of contract succeeds. Mr Sweeney is awarded £17,866.28 (gross) in relation to his pay and benefits during his 3 months’ notice period (inclusive of his car, fuel and mobile phone allowance)[2]Mr Sweeney’s claim for unauthorised deductions from wages succeeds. Mr Sweeney is awarded £1308.62 (gross) in relation to the underpayment of ten days’ accrued holiday pay. NOTES[3]The Tribunal has issued a separate judgment in respect of the complaint of the claimants that the respondent failed to comply with the requirements of s188 of the Trade Union & Labour Relations (Consolidation) Act 1992.[4]I have considered the information and documents provided by the claimant by email to the Tribunal in reaching the Judgment set out above, together with the documentary and oral evidence provided by the other claimants to the multiple claim of Mr Sweeney & Others against the respondent.[5]The claimant’s notice pay award has been calculated as follows: £15,500.03 + £1260 + £956.25 + £150 (3 months’ pay plus company car, fuel and mobile phone benefits)[6]The claimant’s holiday pay underpayment has been calculated as follows: Case Number: 1804774/2020 2 of 2 10 days’ holiday accrued (£2384.62) less £1076 (monies claimed from the insolvency service) Useful information[7]The reasons for this judgment were given to the parties orally during this hearing. Written reasons will not be provided unless a request was made by any party at the hearing or a written request is presented by any party within 14 days of the sending of this written record of the decision.[8]All judgments and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents.[9]You can appeal to the Employment Appeal Tribunal if you think a legal mistake was made in an Employment Tribunal decision. There is more information here: https://www.gov.uk/appeal-employment-appeal-tribunal